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Physical Pain and Suffering

Physical Pain and Suffering

Because physical pain is subjective, proving it typically requires, at a minimum, the injury victim to explain what they’ve gone through. Testimony or statements provided by close friends or family members can also help substantiate the injury victim’s story. In addition, photographic and video evidence of the injuries can help paint a picture of the extent of the injuries, and, in certain situations, can provide the type of “shock” value that help an insurance adjuster or jury relate to what the victim has gone through. In some circumstances, it can be very useful to hire a videographer to record the victim’s struggles after an injury. These “day-in-the-life” videos can do an excellent job of helping the jury see, first-hand, the injury victim’s pain and suffering.

Like all compensatory damages, an injury victim can seek compensation for their future pain. This requires evidence of a reasonable probability that the injury will continue to affect the plaintiff in the future. In most cases involving long-term or permanent injuries, it is very important to prove future pain by consulting with an expert in the field of injury. A medical doctor can help an injury victim establish what the future probably looks like, and provide an opinion of the victim’s likely future pain.